N.M. Stat. » Chapter 62 — Electric, Gas and Water Utilities
New Mexico Statutes

N.M. Stat. § 62-13-1 (2026)

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✓ current as of May 2026
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Articles 1 through 6 and 8 through 13 of Chapter 62 NMSA 1978 may be cited as the "Public Utility Act".

History: Laws 1941, ch. 84, § 80; 1941 Comp., § 72-1101; 1953 Comp., § 68-11-1; 1993, ch. 220, § 1; 1993, ch. 282, § 39; 1993, ch. 351, § 1.

ANNOTATIONS

Compiler's notes. — Chapter 62, Article 3A, the Electric Utility industry Restructuring Act of 1999, enacted by Laws 1999, ch. 294, was not enacted as a part of the Public Utility Law. Presently the Public Utility Act consists of Chapter 62, Articles 1 to 3, 4 to 6, and 8 to 13 NMSA 1978.

Sections 62-13-1 to 62-13-14 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 13 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep’t of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.

1993 amendments. — Identical amendments to this section were enacted by Laws 1993, ch. 220, § 1, effective June 18, 1993, Laws 1993, ch. 282, § 39, effective June 18, 1993 and Laws 1993, ch. 351, § 1, effective July 1, 1993, which rewrote the section, which read: "This act shall be known, and cited and referred to, as the Public Utility Act". The section is set out as amended by Laws 1993, ch. 351, § 1. See 12-1-8 NMSA 1978.

Law reviews. — For article, "Cost of Service Indexing: An Analysis of New Mexico's Experiment in Public Utility Regulation," see 9 N.M.L. Rev. 287 (1979).

For note, "Preemption - Atomic Energy," see 24 Nat. Res. J. 761 (1984).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities § 13.

73B C.J.S. Public Utilities § 63.

Notes of Decisions
Cited in 9 cases, 1993–2015 · leading case: New Mexico Indus. Energy Consumers v. New Mexico Pub. Reg. Comm'n, 168 P.3d 105 (N.M. 2007).
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New Mexico Indus. Energy Consumers v. New Mexico Pub. Reg. Comm'n, 168 P.3d 105 (N.M. 2007). · cites it 2× “” {6} A related statute, the Public Utility Act (“PUA”), NMSA 1978, § 62-13-1 (1993), grants the Commission “general and exclusive power and jurisdiction to regulate and supervise every public utility in respect to its rates and service regulations.”
Albuquerque v. Nm Pub. Serv. Com'n, 854 P.2d 348 (N.M. 1993). · cites it 2× “See NMSA 1978, § 62-13-1 note (Repl.Pamp. 1984) (listing statutory provisions that comprise the PUA).”
Tri-State Generation & Transmission Ass'n v. N.M. Pub. Reg. Com'n, 2015 NMSC 13 (N.M. 2015). “as amended through 2009), 62-4-1 (1998), 62-6-4 to -28 (1941, as amended through 2009), 62- 8-1 to -11 (1941, as amended through 2011), 62-9-1 to -7 (1941, as amended through 2005), 62-10-1 to -16 (1941, as amended through 1998), 62-11-1 to -6 (1941, as amended through 1993),…”
City of Albuquerque v. New Mexico Pub. Serv. Comm'n, 854 P.2d 348 (N.M. 1993). · cites it 2× “See NMSA 1978, § 62-13-1 note (Repl.Pamp.1984) (listing statutory provisions that comprise the PUA).”
Moongate Water Co., Inc. v. City of Las Cruces, 2013 NMSC 018 (N.M. 2013). · cites it 2× “VIGIL, Justice 1 See NMSA 1978, § 62-13-1 (1993) (defining the PUA).”
Tri-State Generation & Transmission Ass'n v. New Mexico Pub. Reg. Comm'n, 2015 NMSC 013 (N.M. Ct. App. 2015). “, as amended through 2009), 62-4-1 (1998), 62-6-4 to -28 (1941, as amended through 2009), 62-8-1 to -11 (1941, as amended through 2011), 62-9-1 to -7 (1941, as amended through 2005), 62-10-1 to -16 (1941, as amended through 1998), 62-11-1 to -6 (1941, as amended through 1993),…”
Moongate Water Co., Inc. v. City of Las Cruces, 2013 NMSC 18 (N.M. 2013). · cites it 2× “The district court granted Moongate’s motion on the second and third counts, and concluded that because Moongate’s rights under the CCN were exclusive, Las Cruces was liable for 1 See NMSA 1978, § 62-13-1 (1993) (defining the PUA).”
Las Cruces v. Pub. Reg. Comm. (N.M. 2014). “…to -6-28 (1884, as amended 2 through 2013) and NMSA 1978, §§ 62-8-1 to -13-15 (1941, as amended through 3 2011); see § 62-13-1 (specifying the statutes under the PUA). Between July 2005 and 4 April 2007 Moongate filed three extension of service reports—Line Extensions Nos. 5…”
Tri-State Generation & Transmission Ass'n v. N.M. Pub. Reg. Comm'n (N.M. 2015). “is set forth in NMSA 1978, §§ 62-1-1 to -7 (1909, as amended 16 through 1993), 62-2-1 to -22 (1884, as amended through 2013), 62-3-1 to -5 (1967, 17 as amended through 2009), 62-4-1 (1998), 62-6-4 to -28 (1941, as amended through 18 2009), 62-8-1 to -11 (1941, as amended through…”
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